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Despite the directives of LG, domicile certificates are not issued within the framework of Timelines Prescribed

3 min read

Details not being reflected in web-portal

*Govt warns of stern action against defaulting officers

Mohinder Verma

JAMMU, Feb 11: Even after repeated instructions from the Lieutenant Governor and Government, Domicile Certificates are not being issued within the prescribed timeline as a result of which public is suffering immensely. Moreover, details of vital documents are not being reflected in the web-portal although the same is imperative for real time monitoring and to avoid chances of any misuse.

In exercise of the powers conferred by Article 309 of the Constitution of India read with Section 15 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, the Government vide notification dated May 18, 2020 issued Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020.

Rule 4 of these Rules, which pertains to application for grant of Domicile Certificate, read: “Any person who is eligible for grant of Domicile Certificate may apply to the Competent Authority either physically or electronically”. Similarly, Rule 6 states: “The Competent Authority can also issue Domicile Certificate electronically as may be made available by the Government”.

These Rules make it clear that the applicants can apply for grant of Domicile Certificates both physically or through electronic mode by applying online on the portal and the Competent Authorities can also issue the certificates manually as well as electronically.

Thereafter, the Government vide Circular No.18-JK(GAD) dated August 5, 2020 issued instructions for capturing the details of Domicile Certificates issued manually. It was specifically mentioned in the circular that keeping in consideration the requirement for capturing of data of Domicile Certificates, it has been decided that the Competent Authorities will enter the details of the certificates issued manually for which the portal was enabled.

Accordingly, all the Competent Authorities were asked to issue the Domicile Certificates in terms of J&K Grant of Domicile Certificate (Procedure) Rules, 2020 to enter the details of all such certificates which are issued offline into the application/portal simultaneously to ensure accuracy in the data collection, real time monitoring as also avoid chances of any misuse.

On August 24, 2020, Lieutenant Governor Manoj Sinha took serious note of delay in issuance of Domicile Certificates and set a deadline of 15 days for this purpose besides warning of strict action against the concerned officers for not meeting the timeline.
He directed the concerned officers to speed up the process of issuance and delivery of Domicile Certificates without hassle. He directed the concerned officers to ensure seamless issuance of Domicile Certificates for Permanent Resident Certificate holders without requiring additional documents.

However, despite explicit instructions of the Lieutenant Governor and the Government, Domicile Certificates are not being issued within the prescribed timeline and this has been admitted by the General Administration Department in a circular.

“Upon reviewing the progress in the matter, it has been observed that there have been considerable instances where the prescribed timeline of 15 days for issuing the Domicile Certificates is not being adhered to by the issuing authorities on account of which public at large is suffering”, said Manoj Kumar Dwivedi, Commissioner/Secretary to the Government, General Administration Department.

It has also been observed that updation of Domicile Certificates issued offline has not been done on the portal by the issuing authorities.

Moreover, till January 2021 only one third of the Domicile Certificates issued are reflected in the web-portal besides only small percentage have been issued through online mode.

The Government has reiterated the instructions for uploading of all offline applications on the online portal and has asked the notified authorities to complete the process by May 31, 2021 failing which action will be initiated against the defaulting officers.

“Additionally, all the issuing authorities are advised to adhere to the timeline for issuance of Domicile Certificate as prescribed under Rules”, the Government said, adding “the progress in this regard will be monitored on weekly basis by the concerned Divisional Commissioners”.

“The non-adherence to the timeline for issuance of Domicile Certificate is also a reflection on the performance of the Divisional Commissioners and Deputy Commissioners, who were supposed to ensure that issuing authorities strictly adhere to the instructions of the Lieutenant Governor and the Government”, sources said and hoped that all the issuing authorities will follow the instructions in letter and spirit in the light of the fact that Domicile Certificate is a vital document.(By Daily Excelsior)

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